Compensation for delayed flights Discussion Area

johndoe70

111 kab
thanks for clearing that up for me, wasn't too sure but it did seem strange to read that i should give the other side forwarning of the content of my bundle! Perhaps that is for family cases or something.
i have completed my bundle and phoned the court on Friday to explain i wished to file personally. They stated the court was closed on Saturday and bank holiday Monday and so i should file it today (which i just have). Sent tc's bundle on sat in post and presume they will receive theirs either today or tomorrow.
I have not received tc's bundle yet but its countdown to the hearing now

jacksgrandma

We suffered a 9 hour delay on return from our holiday in Ibiza in September 2012 flying with Thomas Cook. After a rather long time TC finally admitted that the fault was theirs and, in December 2014 wrote offering us £405 compensation (for two of us) in travel vouchers. I was aware that we did not need to accept these and wrote immediately to them to say that I did not accept their travel vouchers and please could they send a cheque for the compensation. I heard absolutely nothing at all and gave them plenty of time to arrange so wrote to them again on 15 April, this time sending it by signed for post (which cost me extra) and still I've heard nothing. Can I now send them notification that I intend to take it to small claims court? Also, I'm concerned that with the fall of the value of the Euro they may reduce the offer ... looking at the compensation tables, I'm not entirely sure they've offered us enough anyway. Any help and advice very much appreciated.

Many thanks

111KAB

Ibiza to where? - jacksgrandma as distance determines level of compensation but thereafter yes issue NBA after reading Vauban's Guide.


ps should be on TC thread.

jacksgrandma

Ibiza to LGW, sorry 111KAB, should have put that! I have read Vauban's Guide but couldn't find anything that specifically related to the fact that they'd offered compensation in vouchers but I had rejected their offer of vouchers. Having read the guide that was where I got the idea of NBA. Thanks for your help.

ArcaneTSGK

jacksgrandma wrote: »

We suffered a 9 hour delay on return from our holiday in Ibiza in September 2012 flying with Thomas Cook. After a rather long time TC finally admitted that the fault was theirs and, in December 2014 wrote offering us £405 compensation (for two of us) in travel vouchers. I was aware that we did not need to accept these and wrote immediately to them to say that I did not accept their travel vouchers and please could they send a cheque for the compensation. I heard absolutely nothing at all and gave them plenty of time to arrange so wrote to them again on 15 April, this time sending it by signed for post (which cost me extra) and still I've heard nothing. Can I now send them notification that I intend to take it to small claims court? Also, I'm concerned that with the fall of the value of the Euro they may reduce the offer ... looking at the compensation tables, I'm not entirely sure they've offered us enough anyway. Any help and advice very much appreciated.

Many thanks

The amount of compensation that you are due is the Euro equivalent to the pound at the time of the delay in question. Your compensation amount is a fixed euro amount, so lets say its worth the 600 euro amount as an example (remember distance determines your settlement) then your GBP amount will be 600 euros converted to GBP equiv for what it was in september 2012.

stevemej

ArcaneTSGK wrote: »

The amount of compensation that you are due is the Euro equivalent to the pound at the time of the delay in question. Your compensation amount is a fixed euro amount, so lets say its worth the 600 euro amount as an example (remember distance determines your settlement) then your GBP amount will be 600 euros converted to GBP equiv for what it was in september 2012.

AFAIK the exchange rate has been set at the time of making a claim at court not the date of travel (in previous cases).

jacksgrandma

stevemej - I first contacted them to make my claim in October 2012, so does that mean that my compensation euro conversion rate should be at that date, rather than December 2014 when they finally conceded and offered vouchers or at the date that they finally settle should they do so without going to court? I shall be very upset if I should lose out because of their prolonged procrastination!

legal_magpie

You are entitled to cash and don't have to accept vouchers although I suppose that you could offer to accept vouchers if they pay a higher figure given that you will be ploughing the money back into the company.


The exchange rate that applies is usually that at the time of payment. You are entitled to claim interest but only if you have issued court proceedings and have claimed interest within those proceedings. As for losing out, the view I take is that the delay was years ago, you've forgotten all about it so any payment for the delay is a bonus and will buy quite a lot of beer!
JJ

stevie013

After almost six months waiting finally getting compensation from Thomas Cook. This was for an over ten hour delay in flight from Manchester to Cuba, in 2012, which we probably would have just have excepted if it hadn't been for the complete lack of information and care while we waited and waited to fly to Cuba for my brothers wedding. This was then followed by poor organisation for the wedding which we complained about at the time but never received a response.
We were initially offered a voucher to use on another TC holiday, but why would we after our experience, so I emailed again asking for cash instead. Had to go through ridiculous phone system with no clear route so just kept pressing 1 until a real person answered. Just over £1300+ to spend on a trip of our choosing should arrive in my bank in next few days via BACS transfer. Fab!: ::T

jacksgrandma

legal_magpie wrote: »

You are entitled to cash and don't have to accept vouchers although I suppose that you could offer to accept vouchers if they pay a higher figure given that you will be ploughing the money back into the company.


The exchange rate that applies is usually that at the time of payment. You are entitled to claim interest but only if you have issued court proceedings and have claimed interest within those proceedings. As for losing out, the view I take is that the delay was years ago, you've forgotten all about it so any payment for the delay is a bonus and will buy quite a lot of beer!
JJ

I get what you're saying but I complained immediately on our return and spent well over a year getting fobbed off left right and centre and they eventually offered us vouchers to be used within a year and neither of us have any intention of travelling with Thomas Cook ever again as we were appallingly treated during our delay and subsequently. All I want is what is rightfully ours and they have procrastinated enough. I'm very, very cross about the way we've been treated and, indeed, the way they seem to treat others. :mad::mad::mad: